Rule 37 New Trial or Reconsideration New Trial

Rule 37 NEW TRIAL OR RECONSIDERATION
NEW TRIAL
Grounds:
a. Fraud, Accident, Mistake or Excusable Negligence (FAME) which ordinary prudence could
not have guarded against and by reason of which such aggrieved party has probably been
impaired in his rights. Fraud and Mistake must be alleged with particularity, supported by
affidavits and affidavit of merits.
b. New Discovered Evidence which could not, with reasonable diligence, have discovered and
produced at the trial and if presented would probably alter the result. Affidavit and certified
true copy of documents must be presented.
c. Award of Excessive damages, or insufficiency of the evidence to justify the decision, or
that the decision is against the law. (R.37.1)
▪ Must be filed within a period for taking an Appeal (15 or 30 days), without extension
▪ If motion is granted, the original judgment is vacated, and the action shall stand for trial de novo, but
already recorded and established material and competent evidence shall be used at the new trial; if
motion is denied, not immediately appealable, the remedy is an appeal from the judgment or final
order(Rule 37.9).
▪ Must be resolved within 30 days from the time submitted for resolution (Rule 37.4)
▪ Motion must compl with the provisions of Ruel 15, otherwise it will not be accepted for filing and/or will
not suspend the running of the reglementary period.
▪ If a motion for New Trial does not satisfy the requirements of this Rule, it is Pro Forma and does not
suspend the period to appeal (Rule 37.2 ; Francisco vs Caluag, L-15365)
▪ Second Motion for New Trial must include all grounds then available and those not included should be
deemed waived (Rule 37.5) Exception: A second motion based on ground not existing or available when
the first motion was made, may be filed within the time provided excluding the time during which the first
motion had been pending.
RECONSIDERATION
▪ Purpose: To enable the lower court to correct its mistake without the intervention of the Higher Court
▪ A MR shall point out specifically the findings or conclusions of the judgment or final order which are not
supported by the evidence or which are contrary to law, making express reference to the testimonial or
documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions
(Rule 37.2)
▪ A MR , if based on the same grounds as that for a new trial, is considered a motion for new trial and has
the same effect ( Rodriguez vs Rovira 63 Phil 476)
FRESH PERIOD RULE
“ The original period of appeal xxx remains the requirement for strict compliance still applies. The
fresh period of 15 days becomes significant only when a party opts to file a motion for New Trial
or Motion for Reconsideration. xxx To recapitulate, a party litigant may either file his notice of appeal
within 15 days from receipt of decision or file within 15 days from receipt of the order (final order) denying
its motion for new trial or motion for reconsideration; otherwise the decision becomes final and executor
after the lapse of the original appeal period provided in Rule 41.3. (Neypes vs CA, 469 SCRA 633)
Rule 38 RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS
▪ A Petition for relief is an equitable remedy and is allowed only in exceptional cases for final judgments
for orders where no other remedy is available (Palmares, Et. Al. vs Jimenez, et. al., 90 Phil 773). It will
not be entertained when the proper remedy is appeal or certiorari (Fajardo vs Bayona 98 Phil 659)
▪ Petition for Relief from a judgment, final order or proceedings involved in a case tried by a Municipal
Trial Court shall be filed in and decided by the same court.
▪ Petition must be verified, filed within sixty (60) days after the petitioner learns of the judgment, final
order or other proceedings to be set aside, and not more than six (6) months after such judgment or
final order was entered or such proceeding was taken, must be accompanied with affidavits showing
FAME and fact constituting the petitioner’s good and substantial cause of action (Rule 38.3) Note:
This two periodS for the filing of a petition are not extendible and never interrupted ( Quijanol vs Tameta,
L-16473)
Rule 40, 41, 42, 43, 44 & 45 APPEAL
The period for appeal from final orders, resolutions, awards, judgments or decisions of any court in all
cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or
decision appealed from.
Exception:
a. Habeas Corpus cases – 48 hours from notice of judgment appealed from

b. Special Proceedings and in other cases where multiple appeals are allowed – 30 days
FLOW CHART
INFERIOR COURTS
(MTC, MCTC, MTCC and MeTC)
15 days to transmit
Appeal
Matter of right
Notice of if record on appeal is required,

Appeal, 30 days, as in special proceed-
Within 15 days ings and other cases of multiple
(R, 40) and separate appeals
Regional Trial Court (RTC)
Ordinary Petition for Appeal by Certiorari

30 days to transmit
15 days to transmit
Appeal Review, (R.42) (R.45)

(R.41.2) 15 days:
Appeal discretionary
Within 15 days
given due course only when the petition shows
prima facie that the lower court has committed
an error of fact or law that will warrant a reversal
or modification of the judgment sought to be
reviewed. (R.42.6)
Court of Appeals
verified
15 days to elevate
Petition for 15 days: pure

Review on question of law
Certiorari given due course
on the basis of
R.45; sound judicial
R56.3 discretion (R.45.6)
Supreme Court Supreme Court
Rule 47 ANNULMENT OF JUDGMENT
Grounds:
a. Extrinsic Fraud
However: Not a valid ground if it is availed of, or could have been availed of, in a Motion
for New Trial or Petition for Relief
b. Lack of Jurisdiction
Purpose:
It is a remedy in law independent of the case where the judgment sought to be annulled was
rendered. The judgment may be annulled on the ground of extrinsic or collateral fraud. A person who is
not a party to the judgment may sue for the annulment provided he can prove that the same was obtained
through fraud or collusion and that he would be adversely affected thereby. An action for annulment of
judgment may be availed of even if the judgment to be annulled had already been fully executed or
implemented (Islamic Da’Wah Council of the Phil vs CA, GR. No. 80892)
Period of Filling:
a. If based on Extrinsic Fraud – Four (4) years from its discovery

b. If based on Lack of Jurisdiction – Before it is barred by laches or estoppels (Rule 47.3)
Effect of Judgment:
It set aside the questioned judgment or final order or resolution and renders the same null and
void, without prejudice to the original action being refilled in the proper court. However, where the
judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion
order the trial court to try the case as if a timely motion for new trial had been granted(Rule 47.7).
Doctrine of Immutability of Judgments (Preclusion of issues or Collateral Estoppel)
A judgment that has attained finality can no longer be disturbed (Pinero vs NLRC 427 SCRA
112). This doctrine prohibits any alteration, modification or correction of final eand executor judgments as
what remains to be done is the purely ministerial enforcement or execution of the judgment ( Tabalno vs
Dingal, Sr. G.R. No. 191526)

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Rule 37 NEW TRIAL OR RECONSIDERATION

FRESH PERIOD RULE

Rule 38 RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS

Rule 40, 41, 42, 43, 44 & 45 APPEAL

a. Habeas Corpus cases – 48 hours from notice of judgment appealed from

Notice of if record on appeal is required,

Regional Trial Court (RTC)

Ordinary Petition for Appeal by Certiorari

Appeal Review, (R.42) (R.45)

Petition for 15 days: pure

Supreme Court Supreme Court

Rule 47 ANNULMENT OF JUDGMENT

a. If based on Extrinsic Fraud – Four (4) years from its discovery

Doctrine of Immutability of Judgments (Preclusion of issues or Collateral Estoppel)

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